2019-12-11 Fire Commission Regular Minutes

Home

Hawaii Fire Commission Regular Session Minutes December 11, 2019 Page 6 Complaint HCFC 19-02: Complaint received by the commission's office on 10/15/19 for an alleged misconduct incident dated 6/26/18. Pursuant to Commission Rule 8, complaints must be received by the commission not more than 60 days from the date of the incident. A request for consideration for an exception to this rule must be in writing with explanation for the delay. Commission to consider complainant's request for an "exemption to the 60 -day rule." Commissioner Yamada stated that this seems like a civil matter. Ms. Cummins stated that they didn't want to put oil on the fire with going after one of the people who were part of that arbitration issue. They didn't want to make things worse. Chair Henkel asked if the incident had been resolved. Mrs. Cummins stated, "No." They called the police for their protection. It's frightening to have a fire fighterjump in front of your truck. Commissioner Yamada stated that his actions were that of a private citizen. This should not come up for the commission to hear. Commissioner Payesko stated that they should decide whether or not to hear the complaint. Chair Henkel asked if there was excusable neglect or new evidence. Commissioner Payesko asked if the actions of the firefighter was part of the litigation that they couldn't talk about. Mr. and Mrs. Cummins stated, "Yes." Chair Henkel stated that this incident was in July, so it was not part of the litigation. Commissioner Payesko stated that their duty is to give their reasons for filing the complaint late. They gave their reasons. Commissioner Yamada motioned that they have not met the two requirements of A and B, excusable neglect and newly discovered evidence. He doesn't think they should hear that particular case and it be denied. Chair Henkel seconded.